COST ENDORSEMENT
COURT FILE NO.: CV-07-0958
DATE: 20120206
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: CINDY MCNEILL, Plaintiff
AND:
SUN LIFE ASSURANCE COMPANY OF CANADA, Defendants
BEFORE: THE HON. MADAM JUSTICE S.E. HEALEY
COUNSEL:
Andrew R. Kerr, for the Plaintiff
Donna M. Kraft, for the Defendants
HEARD: By written submissions
COST ENDORSEMENT
[ 1 ] This endorsement on costs relates to the motion brought by the defendant to strike certain portions of the statement of claim. In an endorsement released on January 11, 2012, this court struck only two portions of the claim on the basis that they dealt with matters that were either irrelevant to the claim overall or relevant only to a wrongful dismissal action.
[ 2 ] Having reviewed the submissions of both parties I agree with the defendant’s counsel that this motion was necessitated by the fact that the plaintiff was erroneously complicating this action by pursuing elements that were either irrelevant or relevant only to a wrongful dismissal claim, and which were likely to extend the discovery process and prolong the action. The fact that the wrongful dismissal claim had been barred by previous rulings is a central fact that should have informed the plaintiff's response to the defendant’s objections. However, the defendant sought to strike significantly more portions of the claim than was allowed by my ruling. The defendant is therefore is not entitled to the full amount of costs sought, taking into account the cost to the plaintiff of having her lawyer respond to the full extent of the relief being sought by the defendant.
[ 3 ] Taking all of the above into consideration I fix costs of the defendant's motion in the amount of $1,600 inclusive, payable by the plaintiff in 30 days.
HEALEY J.
Date: February 6, 2012